Danone Sues Chobani Over 'Dazzling & Mellow' Chilly Brew

Two yogurt giants are actually locked right into a prison fight over chilly brew branding, as Danone is alleging trademark infringement towards La Colombe mum or dad corporate Chobani.

On the heart of the lawsuit is the usefulness of the word “Bright & Mellow” on programs of ready-to-drink chilly brew.

In line with U.S. courtroom data, Danone or its subsidiaries have filed prison motion towards Chobani a minimum of 4 instances since 2012, together with more than one allegations of fraudelant promoting, with combined effects.

The actual go well with, filed Tuesday within the U.S. District Courtroom for the Southern District of Brandnew York, alleges that Chobani infringed on Danone’s highbrow detail in a “knowing, calculated, and systematic” method following its $900 million acquisition of the La Colombe coffee company in 2023.

The go well with was once filed by and for Danone US, the U.S. trade of French multinational packaged meals immense Danone, which owns the Dannon and Oikos yogurt manufacturers, amongst many others.

Danone additionally owns the Stok (lately styled SToK by way of the corporate) ready-to-drink chilly brew logo, whose merchandise compete with Los angeles Colombe’s at main grocery chains equivalent to Goal, Kroger and Wal-Mart.

U.S.-based Chobani, which expanded into drinks upcoming development a yogurt empire in Brandnew York, has no longer but filed a proper respond to the go well with. The corporate didn’t straight away respond to DCN’s request for remark.

The lawsuit alleges that upcoming the purchase, Chobani altered an present chilly brew product to imitate an present Stok chilly brew product by way of the usage of a homogeneous yellowish yellow colour and the descriptors “light roast” and “Bright & Mellow.” Danone contends that the product packaging infringes upon its logos similar to an present Stok unsweetened chilly brew product with a yellow label and the leading descriptor “Bright & Mellow.”

Within the go well with, Danone US defined its procedure in arriving on the “Bright & Mellow” identify in 2020, because it sought to tell apart the lighter-roasted brew from competing merchandise. In line with the criticism, the corporate discovered that some center of attention teams weren’t drawn in by way of the word.

“For instance, one respondent stated, ‘I don’t really know what to expect it to taste like from the name,’ and another respondent replied, ‘I can imagine mellow but not bright so I might try but probably not,’” the go well with states.

Regardless of this comments, Danone moved ahead with the “Bright & Mellow” label.

“Danone determined that ‘Bright & Mellow’ cued in consumers desirable associations and suggested an enticing and positive taste experience, while also acting as a unique differentiator among competing products,” the criticism states. “In fact, the uniqueness of the name was identified as a potential drawback for ‘Bright & Mellow’ during Danone’s consumer research, with some focus group respondents explicitly reporting that the name did not convey any useful information about the product or its taste.”

The case is Danone US, LLC and WhiteWave Services and products, Inc. v. Chobani, LLC, Refuse. 1:25-cv-6217.

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